Traduction de «transferable claim » (Anglais → Français) :

(a) where resolution authorities transfer only parts of the rights, assets and liabilities of the institution, the shareholders and the creditors whose claims have not been transferred, receive in payment of their claims at least as much as what they would have received if the institution had been wound up under normal insolvency proceedings immediately before the transfer,

except where point (b) applies, where resolution authorities transfer only parts of the rights, assets and liabilities of the institution under resolution , the shareholders and those creditors whose claims have not been transferred, receive in satisfaction of their claims at least as much as what they would have received if the institution under resolution had been wound up under normal insolvency proceedings at the time when the decision referred to in Article 82 was taken;

15. Underlines the importance of the success of the EU rule of law mission EULEX, both for sustainable development, the consolidation of the institutions and the stability of Kosovo, and for the EU's ambitions as a global player in peace-building; stresses EULEX's responsibility regarding its executive powers as well as its mandate to monitor, mentor and advise; in this regard, encourages EULEX to take concrete actions to make progress with high-level corruption cases; acknowledges the good progress made in some fields such as police and customs but stresses that the work should be accelerated so that the mission finally starts delivering tangible results in other fields, particularly high-level corruption cases, organised crime and war ...[+++]crimes; therefore welcomes the latest approach of EULEX to address possible cases of corruption also on the highest government and administration level and stresses the need to continue on this path in order to ensure credibility for and visibility of EULEX actions; stresses that in this regard a particular focus on the area of public procurement is of high importance and that in the area of organised crime EULEX must continue to achieve concrete results on the ground; in this regard, is concerned about the large backlog of cases caused by the unexpectedly high number of cases transferred to EULEX by the UN Interim Administration Mission in Kosovo; stresses that an insufficient number of judges and prosecutors have been made available to EULEX and calls on Member States to second the required number of experts or to make provision for contracting them; underlines the importance of streamlining the bureaucracy within EULEX; in this regard stresses the necessity for competent internal management, coordination and cooperation to make the mission work efficiently; stresses the need for transparency and accountability in the work of EULEX as well as to display sensitivity to the political context of its activities in order to in ...

3. The concept of assignment in this Article includes outright transfers of claims, transfers of claims by way of security and pledges or other security rights over claims.

In the case of an application by a public law service provider asserting transferred-right maintenance claims, the name and contact data of the person whose claim has been transferred.

2. Where the claimant has not indicated which of the procedures listed in points (a) and (b) of paragraph 1 he requests to be applied to his claim in the proceedings that ensue in the event of a statement of opposition or where the claimant has requested that the European Small Claims Procedure as laid down in Regulation (EC) No 861/2007 be applied to a claim that does not fall within the scope of that Regulation, the proceedings shall be transferred to the appropriate national civil procedure, unless the claimant has explicitly reque ...[+++]sted that such transfer not be made.